§ 45 — Service of notice, etc., given by designated officer, etc.

45.—(1) Any notice, direction, directive, order or other document permitted or required to be given under this Act by a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer (called in this section document to be served) may be served on —(a)

the person to whom it is addressed (whether in Singapore or outside Singapore); or

(b)

a person in Singapore that the person to whom the document is addressed has appointed to receive the document on the person’s behalf.

(2) A document to be served on an individual may be served —(a)

by giving it to the individual personally;

(b)

by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c)

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

(d)

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or

(e)

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual.

(3) A document to be served on a partnership (other than a limited liability partnership) may be served —(a)

by giving it to any partner, secretary or other similar officer of the partnership;

(b)

by leaving it at, or by sending it by post to, the partnership’s business address; or

(c)

by sending it by fax to the fax number used at the partnership’s business address.

(4) A document to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a)

by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or

(c)

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association.

(5) In addition, a document to be served on an individual or entity (called in this subsection the addressee) may be served —(a)

by giving an electronic notice to the addressee by the addressee’s chosen means of notification, stating that the document is available for access and how the addressee may use the addressee’s chosen means of access to access the document’s contents;

(b)

where, by the exercise of reasonable diligence, the name of the addressee, or the business address, residential address or last email address of the addressee, cannot be ascertained, by posting it on an official website; or

(c)

by any other means (including electronic means) for the service of documents of that kind that may be prescribed by regulations.

(6) A document to be served that is addressed to a class of persons may be —(a)

served on each of the persons in the class in accordance with subsection (2), (3), (4) or (5), as the case may be; or

(b)

served by publishing both —(i)

in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the person serving the document, will be most likely to bring the document to the attention of the persons who belong to the class; and

(ii)

on an official website.

(7) Subject to subsection (8), service of a document to be served takes effect —(a)

if the document is sent by fax and a notification of successful transmission is received — on the day of transmission;

(b)

if the document is sent by post — 2 days after the day the document was posted (even if it is returned undelivered);

(c)

if the document is posted on an official website mentioned in subsection (5)(b) — at the beginning of the day after the date on which subsection (5)(b) has been complied with; or

(d)

at any other time prescribed by regulations for any other means of service.

(8) Service of a document to be served that is addressed to a class of persons takes effect —(a)

where it is served in accordance with subsection (6)(a) —when it is served on all the persons in the class in question; and

(b)

where it is served in accordance with subsection (6)(b) — at the beginning of the day after the date on which subsection (6)(b) has been complied with.

(9) To avoid doubt, subsections (7) and (8) do not affect the meaning of any reasonable excuse in section 50, 51, 52 or 53.

(10) An affidavit or oral evidence of a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer as to the service of any notice, direction, directive, order or other document to be served under this Act is admissible as prima facie proof of service of the document.

(11) In this section —“business address” means —(a)

in the case of an individual, the individual’s usual or last known place of business in Singapore or outside Singapore; or

(b)

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore or outside Singapore;

“chosen means of access”, for an addressee on whom is or is to be served a document, means an electronic means the addressee agrees with the person serving the document as the means by which the addressee may access that document’s contents;

“chosen means of notification”, for an addressee on whom is or is to be served a document, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

“document” excludes any document to be served in proceedings in court;

“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;

“official website” means a website of a Ministry or department of the Government or a public authority prescribed by the Minister, by notification in the Gazette, for the purposes of this section;

“residential address” means an individual’s usual or last known place of residence in Singapore or outside Singapore.

—(1) Any notice, direction, directive, order or other document permitted or required to be given under this Act by a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer (called in this section document to be served) may be served on —(a)

the person to whom it is addressed (whether in Singapore or outside Singapore); or

(b)

a person in Singapore that the person to whom the document is addressed has appointed to receive the document on the person’s behalf.

(2) A document to be served on an individual may be served —(a)

by giving it to the individual personally;

(b)

by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c)

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

(d)

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or

(e)

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual.

(3) A document to be served on a partnership (other than a limited liability partnership) may be served —(a)

by giving it to any partner, secretary or other similar officer of the partnership;

(b)

by leaving it at, or by sending it by post to, the partnership’s business address; or

(c)

by sending it by fax to the fax number used at the partnership’s business address.

(4) A document to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a)

by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or

(c)

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association.

(5) In addition, a document to be served on an individual or entity (called in this subsection the addressee) may be served —(a)

by giving an electronic notice to the addressee by the addressee’s chosen means of notification, stating that the document is available for access and how the addressee may use the addressee’s chosen means of access to access the document’s contents;

(b)

where, by the exercise of reasonable diligence, the name of the addressee, or the business address, residential address or last email address of the addressee, cannot be ascertained, by posting it on an official website; or

(c)

by any other means (including electronic means) for the service of documents of that kind that may be prescribed by regulations.

(6) A document to be served that is addressed to a class of persons may be —(a)

served on each of the persons in the class in accordance with subsection (2), (3), (4) or (5), as the case may be; or

(b)

served by publishing both —(i)

in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the person serving the document, will be most likely to bring the document to the attention of the persons who belong to the class; and

(ii)

on an official website.

(7) Subject to subsection (8), service of a document to be served takes effect —(a)

if the document is sent by fax and a notification of successful transmission is received — on the day of transmission;

(b)

if the document is sent by post — 2 days after the day the document was posted (even if it is returned undelivered);

(c)

if the document is posted on an official website mentioned in subsection (5)(b) — at the beginning of the day after the date on which subsection (5)(b) has been complied with; or

(d)

at any other time prescribed by regulations for any other means of service.

(8) Service of a document to be served that is addressed to a class of persons takes effect —(a)

where it is served in accordance with subsection (6)(a) —when it is served on all the persons in the class in question; and

(b)

where it is served in accordance with subsection (6)(b) — at the beginning of the day after the date on which subsection (6)(b) has been complied with.

(9) To avoid doubt, subsections (7) and (8) do not affect the meaning of any reasonable excuse in section 50, 51, 52 or 53.

(10) An affidavit or oral evidence of a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer as to the service of any notice, direction, directive, order or other document to be served under this Act is admissible as prima facie proof of service of the document.

(11) In this section —“business address” means —(a)

in the case of an individual, the individual’s usual or last known place of business in Singapore or outside Singapore; or

(b)

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore or outside Singapore;

“chosen means of access”, for an addressee on whom is or is to be served a document, means an electronic means the addressee agrees with the person serving the document as the means by which the addressee may access that document’s contents;

“chosen means of notification”, for an addressee on whom is or is to be served a document, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

“document” excludes any document to be served in proceedings in court;

“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;

“official website” means a website of a Ministry or department of the Government or a public authority prescribed by the Minister, by notification in the Gazette, for the purposes of this section;

“residential address” means an individual’s usual or last known place of residence in Singapore or outside Singapore.